New South Wales Consolidated Regulations

GOVERNMENT SECTOR EMPLOYMENT REGULATION 2014 - REG 41

41 Compensation for termination of employment (except for misconduct) and calculation of proportionate amount to be refunded on re-employment in public sector

(1) The contract of employment of a Health Service senior executive is to provide for the payment of the following compensation to the executive on the termination of the executive's employment by the employer of the executive--

(a) if the employment is terminated under section 121H of the Health Services Act 1997 (except for misconduct) during or at the end of any period of probation imposed as a condition of the executive's engagement--an amount equal to the executive's remuneration package for a period of 4 weeks,

(b) if the employment is otherwise terminated under section 121H of the Health Services Act 1997 (except for misconduct)--an amount equal to the executive's remuneration package for a period of 38 weeks or for the period remaining on the term of the contract (whichever is the lesser),

(c) if the employment is terminated under section 68 of the Act for unsatisfactory performance--an amount equal to the executive's remuneration package for a period of 13 weeks.

(2) No compensation is payable if the Health Service senior executive's employment is terminated under section 121H of the Health Services Act 1997 for misconduct.

(3) The proportionate amount of a payment to be refunded under section 121H (3) of the Health Services Act 1997 is to be calculated on the basis of the number of weeks (if any) that remain as part of the period to which the payment relates.

(4) The amount of compensation payable in accordance with this clause to a Health Service senior executive on the termination of the executive's employment by the employer is, in the case of a senior executive who is employed part-time, to be calculated on a pro-rata basis.